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  

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    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.

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    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:

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    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  

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31  

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