Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2384
                        Barcode 244748
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/19/2006 08:41 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
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
                                  1
    1:14 PM   04/17/06                             s2384d-ge24-c2t

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: 2 1:14 PM 04/17/06 s2384d-ge24-c2t
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 3 1:14 PM 04/17/06 s2384d-ge24-c2t
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 4 1:14 PM 04/17/06 s2384d-ge24-c2t
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 5 1:14 PM 04/17/06 s2384d-ge24-c2t
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 6 1:14 PM 04/17/06 s2384d-ge24-c2t
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 16 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 7 1:14 PM 04/17/06 s2384d-ge24-c2t
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 8 1:14 PM 04/17/06 s2384d-ge24-c2t
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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 1:14 PM 04/17/06 s2384d-ge24-c2t