Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Government Efficiency Appropriations (Posey)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (a) of subsection (1) of section
19  265.285, Florida Statutes, is amended to read:
20         265.285  Florida Arts Council; membership, duties.--
21         (1)(a)  The Florida Arts Council is created in the
22  department as an advisory body, as defined in s. 20.03(7), to
23  consist of 15 members. Seven members shall be appointed by the
24  Governor, four members shall be appointed by the President of
25  the Senate, and four members shall be appointed by the Speaker
26  of the House of Representatives. The appointments, to be made
27  in consultation with the Secretary of State, shall recognize
28  the need for geographical representation. Council members
29  appointed by the Governor shall be appointed for 4-year terms
30  beginning on January 1 of the year of appointment. Council
31  members appointed by the President of the Senate and the
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1  Speaker of the House of Representatives shall be appointed for
 2  2-year terms beginning on January 1 of the year of
 3  appointment. Council members serving on July 1, 2002, may
 4  serve the remainder of their respective terms. New
 5  appointments to the council shall not be made until the
 6  retirement, resignation, removal, or expiration of the terms
 7  of the initial members results in fewer than 15 members
 8  remaining. As vacancies occur, the first appointment to the
 9  council shall be made by the Governor. The President of the
10  Senate, the Speaker of the House of Representatives, and the
11  Governor, respectively, shall then alternate appointments
12  until the council is composed as required herein. A No member
13  of the council who serves two 4-year terms or two 2-year terms
14  is not will be eligible for reappointment for 1 year during a
15  1-year period following the expiration of the member's second
16  term. A member whose term has expired shall continue to serve
17  on the council until such time as a replacement is appointed.
18  Any vacancy on the council shall be filled for the remainder
19  of the unexpired term in the same manner as for the original
20  appointment. Members should have a substantial history of
21  community service in the performing or visual arts, which
22  includes, but is not limited to, theatre, dance, folk arts,
23  music, architecture, photography, and literature. In addition,
24  it is desirable that members have successfully served on
25  boards of cultural institutions such as museums and performing
26  arts centers or are recognized as patrons of the arts.
27         Section 2.  Subsections (4) and (5) of section 265.606,
28  Florida Statutes, are amended, present subsections (6) and (7)
29  of that section are redesignated as subsections (8) and (9),
30  respectively, and new subsections (6) and (7) are added to
31  that section, to read:
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1         265.606  Cultural Endowment Program; administration;
 2  qualifying criteria; matching fund program levels;
 3  distribution.--
 4         (4)  Once the secretary has determined that the
 5  sponsoring organization has complied with the criteria imposed
 6  by this section, he or she may authorize the transfer of the
 7  appropriate state matching funds to the organization. However,
 8  the secretary shall ensure that the local group has made
 9  prudent arrangements for the trusteeship of the entire
10  endowment, and such trusteeship is hereby created. The
11  sponsoring organization may then expend moneys in the
12  endowment program fund, subject to the following requirements:
13         (a)  The organization may expend funds only for
14  operating costs incurred while engaged in programs directly
15  related to cultural activities.
16         (b)  The organization shall annually submit a report to
17  the division, in such form as the division specifies,
18  explaining how endowment program funds were utilized.
19         (c)  Any contract administered under this section shall
20  require the local sponsoring organization to submit to the
21  division an annual postaudit of its financial accounts
22  conducted by an independent certified public accountant.
23         (5)  The $240,000 state matching fund endowment for
24  each individual endowment shall be returned to the state,
25  shall be deposited into revert to the Florida Fine Arts Trust
26  Fund, and shall be awarded to the first organization on the
27  Cultural Endowment Program priority list pursuant to
28  subsection (9) that has not previously received a cultural
29  endowment in the most current fiscal year funding cycle
30  General Revenue Fund if any of the following events occurs:
31         (a)  The recipient sponsoring organization is no longer
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1  able to manage an endowment ceases operations.
 2         (b)  The recipient sponsoring organization files for
 3  protection under federal bankruptcy provisions.
 4         (c)  The recipient sponsoring organization willfully
 5  expends a portion of the endowment principal of any individual
 6  endowment.
 7         (6)  In the event an endowment is returned to the state
 8  under subsection (5), authority to disburse funds shall be
 9  subject to the notice and review procedures set forth in s.
10  216.177.
11         (7)  If there is no other qualified organization on the
12  Cultural Endowment Program priority list, returned funds shall
13  revert to the General Revenue Fund at the end of the fiscal
14  year.
15         Section 3.  Paragraph (d) of subsection (5) and
16  paragraph (c) of subsection (7) of section 267.174, Florida
17  Statutes, are amended to read:
18         267.174  Discovery of Florida Quincentennial
19  Commemoration Commission.--
20         (5)  OFFICERS; BYLAWS; MEETINGS.--
21         (d)  The initial meeting of the commission shall be
22  held no later than July 31, 2008 January 31, 2007. Subsequent
23  meetings shall be held upon the call of the chair or vice
24  chair acting in the absence of the chair, and in accordance
25  with the commission's bylaws.
26         (7)  DUTIES; MASTER PLAN.--
27         (c)  The commission shall establish a timetable and
28  budget for completion for all parts of the master plan which
29  shall be made a part of the plan. An initial draft of the plan
30  shall be completed and submitted to the Governor, the
31  President of the Senate, the Speaker of the House of
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1  Representatives, and the Secretary of State by May 2009
 2  January 2008 with the completed master plan submitted to such
 3  officials by May 2010 January 2009.
 4         Section 4.  Section 272.129, Florida Statutes, is
 5  amended to read:
 6         272.129  Florida Historic Capitol; space allocation;
 7  maintenance, repair, and security.--
 8         (1)  The Legislature Department of State shall ensure
 9  assure that all space in the Florida Historic Capitol is
10  restored in a manner consistent with the 1902 form and made
11  available for allocation. Notwithstanding the provisions of
12  ss. 255.249 and 272.04 that relate to space allocation in
13  state-owned buildings, the President of the Senate and the
14  Speaker of the House of Representatives shall have
15  responsibility and authority for the allocation of all space
16  in the restored Florida Historic Capitol, provided:
17         (a)  The rotunda, corridors, Senate chamber, House of
18  Representatives chamber, and Supreme Court chamber shall not
19  be used as office space.
20         (b)  The Legislature Department of State shall be
21  allocated sufficient space for program and administrative
22  functions relating to the preservation, museum, and cultural
23  programs of the Legislature department.
24         (2)  The Florida Historic Capitol shall be maintained
25  in accordance with good historic preservation practices as
26  specified in the National Park Service Preservation Briefs and
27  the Secretary of the Interior's Standards for Rehabilitation
28  and Guidelines for Rehabilitating Historic Buildings.
29         (3)(2)  Custodial and preventive maintenance and,
30  repair, and security of the entire Historic Capitol and the
31  grounds located adjacent thereto shall be the responsibility
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1  of the Department of Management Services, subject to the
 2  special requirements of the building as determined by the
 3  Capitol Curator.
 4         Section 5.  Section 272.135, Florida Statutes, is
 5  amended to read:
 6         272.135  Florida Historic Capitol Curator.--
 7         (1)  The position of Capitol Curator is created within
 8  the Legislature Department of State, which shall establish the
 9  qualifications for the position. The curator shall be
10  appointed by and serve at the pleasure of the President of the
11  Senate and the Speaker of the House of Representatives
12  Secretary of State.
13         (2)  The Capitol Curator shall:
14         (a)  Promote and encourage throughout the state
15  knowledge and appreciation of the Florida Historic Capitol.
16         (b)  Collect, research, exhibit, interpret, preserve,
17  and protect the history, artifacts, objects, furnishings, and
18  other materials related to the Florida Historic Capitol,
19  except for archaeological research and resources.
20         (c)  Develop, direct, supervise, and maintain the
21  interior design and furnishings of all space within the
22  Florida Historic Capitol in a manner consistent with the
23  restoration of the Florida Historic Capitol in its 1902 form.
24         (3)  The Department of State shall promulgate rules to
25  implement this section.
26         Section 6.  Subsections (1) and (2) of section 607.193,
27  Florida Statutes, are amended to read:
28         607.193  Supplemental corporate fee.--
29         (1)  In addition to any other taxes imposed by law, an
30  annual supplemental corporate fee of $88.75 is imposed on each
31  business entity that is authorized to transact business in
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1  this state and is required to file an annual report with the
 2  Department of State under s. 607.1622, s. 608.452, or s.
 3  620.1210 620.177.
 4         (2)(a)  The business entity shall remit the
 5  supplemental corporate fee to the Department of State at the
 6  time it files the annual report required by s. 607.1622, s.
 7  608.452, or s. 620.1210 620.177.
 8         (b)  In addition to the fees levied under ss. 607.0122,
 9  608.452, and 620.1109 620.182 and the supplemental corporate
10  fee, a late charge of $400 shall be imposed if the
11  supplemental corporate fee is remitted after May 1 except in
12  circumstances in which a business entity did not receive the
13  uniform business report prescribed by the department.
14         Section 7.  This act shall take effect July 1, 2006.
15  
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17  ================ T I T L E   A M E N D M E N T ===============
18  And the title is amended as follows:
19         Delete everything before the enacting clause
20  
21  and insert:  
22                      A bill to be entitled
23         An act relating to the Department of State;
24         amending s. 265.285, F.S.; clarifying terms of
25         appointment to the Florida Arts Council;
26         removing obsolete provisions; amending s.
27         265.606, F.S.; deleting a requirement for local
28         sponsoring organizations to submit an annual
29         postaudit to the Division of Cultural Affairs
30         under certain circumstances; requiring the
31         state's matching share of cultural endowment to
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1         be returned to the state and deposited into the
 2         Florida Fine Arts Trust Fund rather than the
 3         General Revenue Fund under certain
 4         circumstances; providing for distribution of
 5         reverted funds; requiring the authority to
 6         disburse funds to be subject to certain notice
 7         and review procedures; providing for the
 8         reversion of returned funds to the General
 9         Revenue Fund under certain circumstances;
10         amending s. 267.174, F.S.; changing the dates
11         for the first meeting of the Discovery of
12         Florida Quincentennial Commemoration
13         Commission, the completion of the initial draft
14         of a specified master plan, and the submission
15         of the completed master plan; amending s.
16         272.129, F.S.; transferring responsibility for
17         the Florida Historic Capitol from the
18         Department of State to the Legislature;
19         providing for allocation of certain space for
20         preservation, museum, and cultural programs of
21         the Legislature; requiring the maintenance of
22         the Florida Historic Capitol pursuant to
23         certain historic preservation standards and
24         guidelines; removing responsibility of the
25         Department of Management Services for security
26         of the Historic Capitol and adjacent grounds;
27         amending s. 272.135, F.S.; requiring the
28         Capitol Curator to be appointed by the
29         President of the Senate and the Speaker of the
30         House of Representatives; deleting rulemaking
31         authority of the Department of State, to
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
 1         conform; amending s. 607.193, F.S.; correcting
 2         references to repealed sections of the Florida
 3         Statutes within provisions relating to the
 4         annual supplemental corporate fee imposed on
 5         each business entity authorized to transact
 6         business in this state; providing an effective
 7         date.
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