Senate Bill sb2384
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2384
By Senator Dockery
15-1525A-06 See HB
1 A bill to be entitled
2 An act relating to the Department of State;
3 amending s. 15.09, F.S.; providing for deposit
4 of certain reinstatement fees, late fees, and
5 penalties collected by the Division of
6 Corporations of the Department of State into
7 the Florida Fine Arts Trust Fund rather than
8 the General Revenue Fund; providing for
9 disbursement of such revenues to fund cultural
10 and historical preservation grants and
11 programs; amending s. 265.606, F.S.; deleting a
12 requirement for local sponsoring organizations
13 to submit an annual postaudit to the Division
14 of Cultural Affairs under certain
15 circumstances; providing for the reversion of
16 the state's matching share of cultural
17 endowment to the Florida Fine Arts Trust Fund
18 rather than the General Revenue Fund under
19 certain circumstances; providing for
20 distribution of reverted funds; amending s.
21 267.174, F.S.; changing the dates for the first
22 meeting of the Discovery of Florida
23 Quincentennial Commemoration Commission, the
24 completion of the initial draft of a specified
25 master plan, and the submission of the
26 completed master plan; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2384
15-1525A-06 See HB
1 Section 1. Subsection (4) of section 15.09, Florida
2 Statutes, is amended to read:
3 15.09 Fees.--
4 (4)(a) Except as provided in paragraph (b), all funds
5 collected by the Division of Corporations of the department
6 shall be deposited in the General Revenue Fund.
7 (b) All reinstatement fees, late fees, and penalties
8 collected pursuant to ss. 607.0122(13), 607.1422(1),
9 607.1502(4), 607.193(2)(b), 608.502(4), 617.0122(13),
10 617.1422(1), and 617.1623(1) shall be deposited in the Florida
11 Fine Arts Trust Fund and disbursed each fiscal year as
12 follows:
13 1. The sum of $2 million shall be transferred to the
14 Historical Resources Operating Trust Fund for the purpose of
15 funding historic preservation matching grants pursuant to s.
16 267.0617.
17 2. The sum of $1.75 million shall be transferred to
18 the Historical Resources Operating Trust Fund for the purpose
19 of funding historical museum grants pursuant to s. 267.0619.
20 3. The sum of $14.3 million shall be used for the
21 purpose of funding cultural grants as provided in ss. 265.286,
22 265.2861, 265.608, and 265.609.
23 4. Any remaining proceeds shall be used for the
24 purpose of providing state matching funds for the Cultural
25 Endowment Program as provided in s. 265.606.
26
27 If proceeds fall below the amounts required to be disbursed in
28 subparagraphs 1. through 3., the spending authority provided
29 in this paragraph for the Florida Fine Arts Trust Fund and the
30 Historical Resources Operating Trust Fund shall be reduced
31 proportionally.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2384
15-1525A-06 See HB
1 Section 2. Subsections (4) and (5) of section 265.606,
2 Florida Statutes, are amended to read:
3 265.606 Cultural Endowment Program; administration;
4 qualifying criteria; matching fund program levels;
5 distribution.--
6 (4) Once the secretary has determined that the
7 sponsoring organization has complied with the criteria imposed
8 by this section, he or she may authorize the transfer of the
9 appropriate state matching funds to the organization. However,
10 the secretary shall ensure that the local group has made
11 prudent arrangements for the trusteeship of the entire
12 endowment, and such trusteeship is hereby created. The
13 sponsoring organization may then expend moneys in the
14 endowment program fund, subject to the following requirements:
15 (a) The organization may expend funds only for
16 operating costs incurred while engaged in programs directly
17 related to cultural activities.
18 (b) The organization shall annually submit a report to
19 the division, in such form as the division specifies,
20 explaining how endowment program funds were utilized.
21 (c) Any contract administered under this section shall
22 require the local sponsoring organization to submit to the
23 division an annual postaudit of its financial accounts
24 conducted by an independent certified public accountant.
25 (5) The $240,000 state matching fund endowment for
26 each individual endowment shall revert to the Florida Fine
27 Arts Trust Fund and shall be awarded to the first organization
28 on the Cultural Endowment Program priority list pursuant to
29 subsection (7), which has not previously received a cultural
30 endowment in the most current fiscal year funding cycle,
31 General Revenue Fund if any of the following events occurs:
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2384
15-1525A-06 See HB
1 (a) The recipient sponsoring organization is no longer
2 able to manage an endowment ceases operations.
3 (b) The recipient sponsoring organization files for
4 protection under federal bankruptcy provisions.
5 (c) The recipient sponsoring organization willfully
6 expends a portion of the endowment principal of any individual
7 endowment.
8 Section 3. Paragraph (d) of subsection (5) and
9 paragraph (c) of subsection (7) of section 267.174, Florida
10 Statutes, are amended to read:
11 267.174 Discovery of Florida Quincentennial
12 Commemoration Commission.--
13 (5) OFFICERS; BYLAWS; MEETINGS.--
14 (d) The initial meeting of the commission shall be
15 held no later than July 31, 2008 January 31, 2007. Subsequent
16 meetings shall be held upon the call of the chair or vice
17 chair acting in the absence of the chair, and in accordance
18 with the commission's bylaws.
19 (7) DUTIES; MASTER PLAN.--
20 (c) The commission shall establish a timetable and
21 budget for completion for all parts of the master plan which
22 shall be made a part of the plan. An initial draft of the plan
23 shall be completed and submitted to the Governor, the
24 President of the Senate, the Speaker of the House of
25 Representatives, and the Secretary of State by May 2009
26 January 2008 with the completed master plan submitted to such
27 officials by May 2010 January 2009.
28 Section 4. This act shall take effect July 1, 2006.
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.