Senate Bill sb2152
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Florida Senate - 2005 SB 2152
By Senator Argenziano
3-930-05 See HB 1305
1 A bill to be entitled
2 An act relating to Department of State;
3 creating s. 257.015, F.S.; providing
4 definitions; amending s. 257.02, F.S.;
5 increasing membership on the State Library
6 Council; revising criteria for membership;
7 revising provisions with respect to the
8 selection process for members; providing for
9 officers of the council; amending s. 257.031,
10 F.S.; deleting references to the State Library
11 Council and provisions for officers of the
12 council; providing additional responsibilities
13 of the State Librarian; amending s. 257.12,
14 F.S.; designating the Division of Library and
15 Information Services as the state library
16 administrative agency; amending s. 257.192,
17 F.S.; conforming terminology; creating s.
18 257.43, F.S.; providing for the establishment
19 of a citizen support organization to provide
20 assistance, funding, and promotional support
21 for the library, archives, and records
22 management programs of the Division of Library
23 and Information Services; providing for use of
24 administrative services and property; requiring
25 an annual audit; amending s. 265.284, F.S.;
26 designating the Division of Cultural Affairs as
27 the state arts administrative agency; deleting
28 obsolete provisions; amending s. 265.2865,
29 F.S.; deleting obsolete provisions; amending s.
30 265.606, F.S.; requiring local sponsoring
31 organizations to submit an annual postaudit to
1
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Florida Senate - 2005 SB 2152
3-930-05 See HB 1305
1 the division under certain circumstances;
2 amending s. 265.701, F.S.; providing contract
3 requirements to ensure continued use as a
4 cultural facility for a specified period
5 following a grant award; providing for
6 repayment of grant funds to the department
7 under specified circumstances; amending s.
8 265.702, F.S.; providing contract requirements
9 to ensure continued use as a regional cultural
10 facility for a specified period following a
11 grant award; providing for repayment of grant
12 funds to the department under specified
13 circumstances; creating s. 265.703, F.S.;
14 providing for the establishment of a citizen
15 support organization to provide assistance,
16 funding, and promotional support for the
17 cultural and arts programs of the Division of
18 Cultural Affairs; providing for use of
19 administrative services and property; requiring
20 an annual audit; amending s. 267.031, F.S.;
21 authorizing the Division of Historical
22 Resources to establish an endowment under the
23 Florida Historical Resources Act; removing a
24 requirement for the establishment of historic
25 preservation regional offices in specific
26 locations; requiring the establishment of at
27 least three historic preservation regional
28 offices; creating citizen advisory boards for
29 regional offices in lieu of citizen support
30 organizations; providing purpose and for
31 appointment of members of the advisory boards;
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Florida Senate - 2005 SB 2152
3-930-05 See HB 1305
1 amending s. 267.0612, F.S.; revising provisions
2 with respect to service as a member of the
3 Florida Historical Commission; amending s.
4 267.0617, F.S.; providing for appointment of a
5 grant-review-panel chair under the Historic
6 Preservation Grant Program; amending s.
7 267.0619, F.S.; providing for appointment of a
8 grant-review-panel chair under the Historical
9 Museum Grants program; amending s. 267.0731,
10 F.S.; revising provisions with respect to
11 nominations under the Great Floridians Program;
12 amending s. 267.13, F.S.; providing for the
13 adoption of rules by the Division of Historical
14 Resources to implement provisions governing
15 prohibited practices and penalties therefor;
16 repealing s. 267.16(3), F.S., which imposes a
17 duty on the Division of Historical Resources
18 with respect to Florida Folklife Programs;
19 amending s. 267.173, F.S.; conforming a
20 reference; amending s. 267.174, F.S.; revising
21 dates for the first meeting of the Discovery of
22 Florida Quincentennial Commemoration
23 Commission, completion of the initial draft of
24 the master plan, and submission of the
25 completed master plan; repealing s. 15.0913,
26 F.S., which requires the Department of State to
27 file all Uniform Commercial Code documents
28 within a specified time after receipt of such
29 documents by the Bureau of Uniform Commercial
30 Code of the Division of Corporations; repealing
31 s. 265.51, F.S., relating to the authority of
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Florida Senate - 2005 SB 2152
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1 the Department of State to make agreements to
2 indemnify specified items against loss or
3 damage; repealing s. 265.52, F.S., relating to
4 items eligible for indemnity agreements of the
5 Department of State; repealing s. 265.53, F.S.,
6 relating to application for indemnity agreement
7 by a nonprofit agency, institution, or
8 government in the state attempting to obtain
9 indemnification for eligible items it proposes
10 to borrow from a person, organization,
11 institution, or government not in the state;
12 repealing s. 265.54, F.S., relating to review
13 by the Department of State of applications for
14 indemnity agreements and limits of indemnity;
15 repealing s. 265.55, F.S., relating to the
16 processing by the Division of Risk Management
17 of the Department of Financial Services of
18 claims for losses covered by an indemnity
19 agreement; repealing s. 265.56, F.S., relating
20 to an annual report to the Legislature by the
21 Department of State with respect to current and
22 pending claims under indemnity agreements and
23 the value of contracts entered into by the
24 department which are outstanding at the close
25 of the fiscal year; providing severability;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 257.015, Florida Statutes, is
31 created to read:
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Florida Senate - 2005 SB 2152
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1 257.015 Definitions.--As used in this chapter, the
2 term:
3 (1) "Department" means the Department of State.
4 (2) "Division" means the Division of Library and
5 Information Services of the Department of State.
6 (3) "Secretary" means the Secretary of State.
7 (4) "State librarian" means the person appointed by
8 the secretary as the director of the Division of Library and
9 Information Services pursuant to s. 257.031.
10 Section 2. Subsections (1) and (3) of section 257.02,
11 Florida Statutes, are amended, and subsection (4) is added to
12 that section, to read:
13 257.02 State Library Council.--
14 (1) There shall be a State Library Council to advise
15 and assist the Division of Library and Information Services on
16 its programs and activities. The council shall consist of nine
17 seven members who shall be appointed by the Secretary of
18 State. Of the nine members, at least one member of the council
19 must represent a Florida library professional association, at
20 least one must represent a Florida archive professional
21 association, at least one must represent a Florida records
22 management professional association, be a person who is 60
23 years of age or older; and at least one member of the council
24 must be a person who is not, and has never been, employed in a
25 library or in teaching library science courses. Members shall
26 be appointed for 4-year terms. A vacancy on the council shall
27 be filled for the period of the unexpired term. No person may
28 be appointed to serve more than two consecutive terms as a
29 member of the council. The Secretary of State may remove from
30 office any council member for malfeasance, misfeasance,
31 neglect of duty, incompetence, permanent inability to perform
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Florida Senate - 2005 SB 2152
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1 official duties, or pleading guilty or nolo contendere to, or
2 being found guilty of, a felony. In addition to, and at the
3 request of, the members of the council appointed by the
4 Secretary of State, the president-elect of the Florida Library
5 Association may serve as a member of the council in a
6 nonvoting capacity during his or her term as president-elect.
7 (3) The Secretary of State may, in making
8 appointments, consult Florida's library, archival, or records
9 management community the Florida Library Association and
10 related statewide associations and organizations for
11 suggestions as to persons having special knowledge and
12 interest concerning libraries.
13 (4) The officers of the State Library Council shall be
14 a chair, elected from the members thereof, and the State
15 Librarian, who shall serve without voting rights as secretary
16 of the council.
17 Section 3. Section 257.031, Florida Statutes, is
18 amended to read:
19 257.031 State Librarian Organization of council;
20 appointment and duties of State Librarian.--
21 (1) The officers of the State Library Council shall be
22 a chair, elected from the members thereof, and the State
23 Librarian, who shall serve without voting rights as secretary
24 of the council. The State Librarian shall be appointed by the
25 Secretary of State, shall have completed a library school
26 program accredited by the American Library Association, and
27 shall serve as the director of the Division of Library and
28 Information Services of the Department of State. The Secretary
29 of State may, in making the appointment of State Librarian,
30 consult the members of the State Library Council.
31 (2) The State Librarian shall:
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Florida Senate - 2005 SB 2152
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1 (a) Keep a record of the proceedings of the State
2 Library Council;
3 (b) Keep an accurate account of the financial
4 transactions of the division;
5 (c) Have charge of the work of the division in
6 organizing new libraries and improving those already
7 established; and
8 (d) In general, perform such duties as may, from time
9 to time, be assigned to him or her by the Secretary of State;
10 and.
11 (e) Manage operations of the programs assigned by law
12 to the division.
13 Section 4. Section 257.12, Florida Statutes, is
14 amended to read:
15 257.12 Division of Library and Information Services
16 authorized to accept and expend federal funds.--
17 (1) The Division of Library and Information Services
18 of the Department of State is designated as the state library
19 administrative agency authorized to accept, receive,
20 administer, and expend any moneys, materials, or any other aid
21 granted, appropriated, or made available by the United States
22 or any of its agencies for the purpose of giving aid to
23 libraries and providing educational library service in the
24 state.
25 (2) The division is authorized to file any accounts
26 required by federal law or regulation with reference to
27 receiving and administering all such moneys, materials, and
28 other aid for said purposes; provided, however, that the
29 acceptance of such moneys, materials, and other aid shall not
30 deprive the state from complete control and supervision of its
31 library.
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Florida Senate - 2005 SB 2152
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1 Section 5. Section 257.192, Florida Statutes, is
2 amended to read:
3 257.192 Program grants.--The Division of Library and
4 Information Services is authorized to accept and administer
5 appropriations for library program grants and to make such
6 grants in accordance with the Florida long-range plan program
7 for library services.
8 Section 6. Section 257.43, Florida Statutes, is
9 created to read:
10 257.43 Citizen support organization; use of state
11 administrative services and property; audit.--
12 (1) CITIZEN SUPPORT ORGANIZATION.--The division may
13 support the establishment of a citizen support organization to
14 provide assistance, funding, and promotional support for the
15 library, archives, and records management programs of the
16 division. For the purposes of this section, a "citizen support
17 organization" means an organization that is:
18 (a) A Florida corporation not for profit incorporated
19 under the provisions of chapter 617 and approved by the
20 Department of State.
21 (b) Organized and operated to conduct programs and
22 activities; raise funds; request and receive grants, gifts,
23 and bequests of money; acquire, receive, hold, invest, and
24 administer, in its own name, securities, funds, objects of
25 value, or other property, real or personal; and make
26 expenditures to or for the direct or indirect benefit of the
27 division or individual program units of the division.
28 (c) Determined by the division to be consistent with
29 the goals of the division and in the best interests of the
30 state.
31
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Florida Senate - 2005 SB 2152
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1 (d) Approved in writing by the division to operate for
2 the direct or indirect benefit of the division. Such approval
3 must be given in a letter of agreement from the division.
4 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
5 (a) The division may fix and collect charges for the
6 rental of facilities and properties managed by the division
7 and may permit, without charge, appropriate use of
8 administrative services, property, and facilities of the
9 division by a citizen support organization, subject to the
10 provisions of this section. Such use must be directly in
11 keeping with the approved purposes of the citizen support
12 organization and may not be made at times or places that would
13 unreasonably interfere with opportunities for the general
14 public to use such facilities for established purposes. Any
15 moneys received from rentals of facilities and properties
16 managed by the division may be held in the operating trust
17 fund of the division or in a separate depository account in
18 the name of the citizen support organization and subject to
19 the provisions of the letter of agreement with the division.
20 (b) The division may prescribe by rule any condition
21 with which a citizen support organization must comply in order
22 to use division administrative services, property, or
23 facilities.
24 (c) The division shall not permit the use of any
25 administrative services, property, or facilities of the state
26 by a citizen support organization that does not provide equal
27 membership and employment opportunities to all persons
28 regardless of race, color, religion, sex, age, or national
29 origin.
30
31
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Florida Senate - 2005 SB 2152
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1 (3) ANNUAL AUDIT.--The citizen support organization
2 shall provide for an annual financial audit in accordance with
3 s. 215.981.
4 Section 7. Subsection (1), paragraph (d) of subsection
5 (3), and subsections (6) and (7) of section 265.284, Florida
6 Statutes, are amended to read:
7 265.284 Chief cultural officer; director of division;
8 powers and duties.--
9 (1) The Secretary of State is the shall be chief
10 cultural officer of the state, and the Division of Cultural
11 Affairs is designated as the state arts administrative agency.
12 (3) The Division of Cultural Affairs shall have direct
13 administrative authority and responsibility for all of the
14 programs authorized by this act. In furtherance thereof, the
15 division shall have the authority to:
16 (d) On request, or at its own initiative, consult with
17 and advise other individuals, groups, organizations, or state
18 agencies and officials, particularly the Governor and the
19 Cabinet, concerning the acquisition by gift or purchase of
20 fine art works, the appropriate use and display of state-owned
21 art treasures for maximum public benefit, and the suitability
22 of any structures or fixtures, including framing, primarily
23 intended for ornamental or decorative purposes in public
24 buildings.
25 (6) Subject to funding by the Legislature, there are
26 created the State Orchestra Program, State Dance Program, and
27 State Opera Program, each to be administered as part of, and
28 under the direct supervision of, the Division of Cultural
29 Affairs.
30 (6)(7) Notwithstanding any provision of s. 287.022 or
31 s. 287.025(1)(e), the division may enter into contracts to
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Florida Senate - 2005 SB 2152
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1 insure museum collections, artifacts, relics, and fine arts to
2 which it holds title.
3 Section 8. Subsection (4) of section 265.2865, Florida
4 Statutes, is amended to read:
5 265.2865 Florida Artists Hall of Fame.--
6 (4) In the first year, the Secretary of State shall
7 name no more than 12 members to the Florida Artists Hall of
8 Fame. Thereafter, The Secretary of State shall name no more
9 than four members to the Florida Artists Hall of Fame in any
10 one 1 year.
11 Section 9. Paragraph (c) is added to subsection (4) of
12 section 265.606, Florida Statutes, to read:
13 265.606 Cultural Endowment Program; administration;
14 qualifying criteria; matching fund program levels;
15 distribution.--
16 (4) Once the secretary has determined that the
17 sponsoring organization has complied with the criteria imposed
18 by this section, he or she may authorize the transfer of the
19 appropriate state matching funds to the organization. However,
20 the secretary shall ensure that the local group has made
21 prudent arrangements for the trusteeship of the entire
22 endowment, and such trusteeship is hereby created. The
23 sponsoring organization may then expend moneys in the
24 endowment program fund, subject to the following requirements:
25 (c) Any contract administered under this section shall
26 require the local sponsoring organization to submit to the
27 division an annual postaudit of its financial accounts
28 conducted by an independent certified public accountant.
29 Section 10. Present subsection (4) of section 265.701,
30 Florida Statutes, is renumbered as subsection (5), and a new
31 subsection (4) is added to that section, to read:
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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 11. Present subsection (8) of section 265.702,
13 Florida Statutes, is renumbered 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 regional cultural facility during the 10 years following
25 the grant award, the grant funds shall be repaid to the
26 department according to an amortization schedule set forth in
27 rule.
28 Section 12. Section 265.703, Florida Statutes, is
29 created to read:
30 265.703 Citizen support organization; use of state
31 administrative services and property; audit.--
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Florida Senate - 2005 SB 2152
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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 the purposes
5 of this section, the term "citizen support organization" means
6 an organization that is:
7 (a) A Florida corporation not for profit incorporated
8 under chapter 617 and approved by the Department of State.
9 (b) Organized and operated to conduct programs and
10 activities; raise funds; request and receive grants, gifts,
11 and bequests of money; acquire, receive, hold, invest, and
12 administer, in its own name, securities, funds, objects of
13 value, or other property, real or personal; and make
14 expenditures to or for the direct or indirect benefit of the
15 division or individual program units of the division.
16 (c) Determined by the division to be consistent with
17 the goals of the division and in the best interests of the
18 state.
19 (d) Approved in writing by the division to operate for
20 the direct or indirect benefit of the division. Such approval
21 must be given in a letter of agreement from the division.
22 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
23 (a) The division may fix and collect charges for the
24 rental of facilities and properties managed by the division
25 and may permit, without charge, appropriate use of
26 administrative services, property, and facilities of the
27 division by a citizen support organization, subject to the
28 provisions of this section. Such use must be directly in
29 keeping with the approved purposes of the citizen support
30 organization and may not be made at times or places that would
31 unreasonably interfere with opportunities for the public to
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Florida Senate - 2005 SB 2152
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1 use such facilities for established purposes. Any moneys
2 received from rentals of facilities and properties managed by
3 the division may be held in the operating trust fund of the
4 division or in a separate depository account in the name of
5 the citizen support organization and subject to the provisions
6 of the letter of agreement with the division.
7 (b) The division may prescribe by rule any condition
8 with which a citizen support organization must comply in order
9 to use division administrative services, property, or
10 facilities.
11 (c) The division shall not permit the use of any
12 administrative services, property, or facilities of the state
13 by a citizen support organization that does not provide equal
14 membership and employment opportunities to all persons
15 regardless of race, color, religion, sex, age, or national
16 origin.
17 (3) ANNUAL AUDIT.--The citizen support organization
18 shall provide for an annual financial audit in accordance with
19 s. 215.981.
20 Section 13. Subsection (3) and paragraph (m) of
21 subsection (5) of section 267.031, Florida Statutes, are
22 amended to read:
23 267.031 Division of Historical Resources; powers and
24 duties.--
25 (3) The division may accept gifts, grants, bequests,
26 loans, and endowments for purposes not inconsistent with its
27 responsibilities under this chapter. The division may also
28 establish an endowment that is consistent with the
29 responsibilities of this chapter.
30 (5) It is the responsibility of the division to:
31
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1 (m) Establish regional offices for the purpose of
2 assisting the division in the delivery of historic
3 preservation services to the counties and municipalities of
4 the state and to the citizens of the State of Florida.
5 Historic preservation regional offices shall be established in
6 at least three St. Augustine, Tampa, Palm Beach County, and in
7 other areas of the state which the division deems appropriate.
8 For each regional office established, the division shall
9 establish a citizen advisory board to provide assistance,
10 advice, and recommendations to the regional office support
11 organization in accordance with s. 267.17. The members board
12 of directors of each citizen advisory board support
13 organization shall be appointed by the Secretary of State.
14 Section 14. Paragraph (a) of subsection (1) and
15 subsection (2) of section 267.0612, Florida Statutes, are
16 amended to read:
17 267.0612 Florida Historical Commission; creation;
18 membership; powers and duties.--In order to enhance public
19 participation and involvement in the preservation and
20 protection of the state's historic and archaeological sites
21 and properties, there is created within the Department of
22 State the "Florida Historical Commission." The commission
23 shall serve in an advisory capacity to the director of the
24 Division of Historical Resources to assist the director in
25 carrying out the purposes, duties, and responsibilities of the
26 division, as specified in this chapter.
27 (1)(a) The commission shall be composed of 11 members.
28 Seven members shall be appointed by the Governor in
29 consultation with the Secretary of State, two members shall be
30 appointed by the President of the Senate, and two members
31 shall be appointed by the Speaker of the House of
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1 Representatives. Of the seven members appointed by the
2 Governor, one member must be a licensed architect who has
3 expertise in historic preservation and architectural history;
4 one member must be a professional historian in the field of
5 American history; one member must be a professional
6 architectural historian; one member must be an archaeologist
7 specializing in the field of prehistory; and one member must
8 be an archaeologist specializing in the historic period. The
9 remaining two members appointed by the Governor and the two
10 members appointed by the President of the Senate and the
11 Speaker of the House of Representatives, respectively, must be
12 representatives of the general public with demonstrated
13 interest in the preservation of Florida's historical and
14 archaeological heritage. At least one member of the commission
15 shall be a resident of a county that has a population of
16 75,000 or fewer less.
17 (2) Commission members appointed by the President of
18 the Senate and the Speaker of the House of Representatives
19 shall be appointed for 2-year terms. Additionally, these
20 commission members shall serve as the legislative historic
21 preservation advisory body to the Speaker of the House of
22 Representatives and the President of the Senate with respect
23 to the collection and preservation of the historic records of
24 both houses of the Legislature. Commission members appointed
25 by the Governor shall be appointed to 4-year terms. A member
26 whose term has expired shall continue to serve on the
27 commission until such time as a replacement is appointed.
28 Vacancies shall be filled for the remainder of the term and by
29 the original appointing authority.
30 Section 15. Subsection (3) of section 267.0617,
31 Florida Statutes, is amended to read:
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1 267.0617 Historic Preservation Grant Program.--
2 (3) All grants of state funds to assist in the
3 preservation of historic properties shall be made from the
4 Historical Resources Operating Trust Fund and may be awarded
5 only pursuant to applications for such assistance made to the
6 Division of Historical Resources. The Florida Historical
7 Commission shall review each application for a special
8 category historic preservation grant-in-aid. Special category
9 historic preservation grants-in-aid are those reviewed and
10 recommended by the Secretary of State for submission for
11 legislative funding consideration. Grant review panels
12 appointed by the Secretary of State and chaired by a member of
13 the Florida Historical Commission or a designee appointed by
14 the commission's presiding officer shall review each
15 application for other historic preservation grants-in-aid. The
16 reviewing body shall submit annually to the Secretary of State
17 for approval lists of all applications that are recommended by
18 the reviewing body for the award of grants, arranged in order
19 of priority.
20 Section 16. Subsection (3) of section 267.0619,
21 Florida Statutes, is amended to read:
22 267.0619 Historical Museum Grants.--
23 (3) An application for a grant must be made to the
24 division on a form provided by the division. The division
25 shall adopt rules prescribing categories of grants,
26 application requirements, criteria and procedures for the
27 review and evaluation of applications, and other procedures
28 necessary for the administration of the program, subject to
29 the requirements of this section. Grant review panels
30 appointed by the Secretary of State and chaired by a member of
31 the Florida Historical Commission or a designee appointed by
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1 the commission's presiding officer shall review each
2 application for a museum grant-in-aid. The review panel shall
3 submit to the Secretary of State for approval lists of all
4 applications that are recommended by the panel for the award
5 of grants, arranged in order of priority. The division may
6 award a grant to a Florida history museum only if the award
7 has been approved by the Secretary of State.
8 Section 17. Paragraphs (b) and (c) of subsection (1)
9 of section 267.0731, Florida Statutes, are amended to read:
10 267.0731 Great Floridians Program.--The division shall
11 establish and administer a program, to be entitled the Great
12 Floridians Program, which shall be designed to recognize and
13 record the achievements of Floridians, living and deceased,
14 who have made major contributions to the progress and welfare
15 of this state.
16 (1) The division shall nominate present or former
17 citizens of this state, living or deceased, who during their
18 lives have made major contributions to the progress of the
19 nation or this state and its citizens. Nominations shall be
20 submitted to the Secretary of State who shall select from
21 those nominated not less than two persons each year who shall
22 be honored with the designation "Great Floridian," provided no
23 person whose contributions have been through elected or
24 appointed public service shall be selected while holding any
25 such office.
26 (b) In formulating its nominations, the division shall
27 also seek the assistance of the organization Museum of Florida
28 History Foundation, Inc., or its successor, acting in the
29 capacity as a citizen support organization of the division,
30 pursuant to s. 267.17 and approved to act on behalf of the
31 Museum of Florida History.
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1 (c) Annually, the division shall convene an ad hoc
2 committee composed of representatives of the Governor, each
3 member of the Florida Cabinet, the President of the Senate,
4 the Speaker of the House of Representatives, and the
5 organization described in paragraph (b) Museum of Florida
6 History Foundation, Inc. This committee shall meet at least
7 twice. The committee shall nominate not fewer than two persons
8 whose names shall be submitted to the Secretary of State with
9 the recommendation that they be honored with the designation
10 "Great Floridian."
11 Section 18. Paragraph (e) is added to subsection (2)
12 of section 267.13, Florida Statutes, to read:
13 267.13 Prohibited practices; penalties.--
14 (2)
15 (e) The division shall adopt rules pursuant to ss.
16 120.536(1) and 120.54 to administer this section.
17 Section 19. Subsection (3) of section 267.16, Florida
18 Statutes, is repealed.
19 Section 20. Subsection (5) of section 267.173, Florida
20 Statutes, is amended to read:
21 267.173 Historic preservation in West Florida; goals;
22 contracts for historic preservation; powers and duties.--
23 (5) The Division of Historical Resources in the
24 Department of State may contract with the University of West
25 Florida to serve as the regional office for the West Florida
26 region of the state from the Apalachicola River to the western
27 boundaries of the state. In lieu of the establishment of a
28 citizen advisory board support organization as required by s.
29 267.031(5)(m), the University of West Florida may use an
30 existing direct-support organization of the university
31 provided that the membership of the direct-support
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Florida Senate - 2005 SB 2152
3-930-05 See HB 1305
1 organization is representative of the area of the state to be
2 served and provides the needed expertise in the area of
3 historic preservation.
4 Section 21. Paragraph (d) of subsection (5) and
5 paragraph (c) of subsection (7) of section 267.174, Florida
6 Statutes, are amended to read:
7 267.174 Discovery of Florida Quincentennial
8 Commemoration Commission.--
9 (5) OFFICERS; BYLAWS; MEETINGS.--
10 (d) The initial meeting of the commission shall be
11 held no later than January 31, 2007 2006. Subsequent meetings
12 shall be held upon the call of the chair or vice chair acting
13 in the absence of the chair, and in accordance with the
14 commission's bylaws.
15 (7) DUTIES; MASTER PLAN.--
16 (c) The commission shall establish a timetable and
17 budget for completion for all parts of the master plan which
18 shall be made a part of the plan. An initial draft of the plan
19 shall be completed and submitted to the Governor, the
20 President of the Senate, the Speaker of the House of
21 Representatives, and the Secretary of State by January 2008
22 2007 with the completed master plan submitted to such
23 officials by January 2009 2008.
24 Section 22. Sections 15.0913, 265.51, 265.52, 265.53,
25 265.54, 265.55, and 265.56, Florida Statutes, are repealed.
26 Section 23. If any provision of this act or the
27 application thereof to any person or circumstance is held
28 invalid, the invalidity does not affect other provisions or
29 applications of the act which can be given effect without the
30 invalid provision or application, and to this end the
31 provisions of this act are declared severable.
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3-930-05 See HB 1305
1 Section 24. This act shall take effect July 1, 2005.
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