Senate Bill sb2384c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                    CS for CS for SB 2384

    By the Committees on Transportation and Economic Development
    Appropriations; Government Efficiency Appropriations; and
    Senator Dockery



    606-2438-06

  1                      A bill to be entitled

  2         An act relating to the Department of State;

  3         amending s. 265.285, F.S.; clarifying terms of

  4         appointment to the Florida Arts Council;

  5         removing obsolete provisions; amending s.

  6         265.606, F.S.; deleting a requirement for local

  7         sponsoring organizations to submit an annual

  8         postaudit to the Division of Cultural Affairs

  9         under certain circumstances; requiring the

10         state's matching share of cultural endowment to

11         be returned to the state and deposited into the

12         Florida Fine Arts Trust Fund rather than the

13         General Revenue Fund under certain

14         circumstances; providing for distribution of

15         reverted funds; requiring the authority to

16         disburse funds to be subject to certain notice

17         and review procedures; providing for the

18         reversion of returned funds to the General

19         Revenue Fund under certain circumstances;

20         amending s. 267.174, F.S.; changing the dates

21         for the first meeting of the Discovery of

22         Florida Quincentennial Commemoration

23         Commission, the completion of the initial draft

24         of a specified master plan, and the submission

25         of the completed master plan; amending s.

26         272.129, F.S.; transferring responsibility for

27         the Florida Historic Capitol from the

28         Department of State to the Legislature;

29         providing for allocation of certain space for

30         preservation, museum, and cultural programs of

31         the Legislature; requiring the maintenance of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         the Florida Historic Capitol pursuant to

 2         certain historic preservation standards and

 3         guidelines; removing responsibility of the

 4         Department of Management Services for security

 5         of the Historic Capitol and adjacent grounds;

 6         amending s. 272.135, F.S.; requiring the

 7         Capitol Curator to be appointed by the

 8         President of the Senate and the Speaker of the

 9         House of Representatives; deleting rulemaking

10         authority of the Department of State, to

11         conform; amending s. 607.193, F.S.; correcting

12         references to repealed sections of the Florida

13         Statutes within provisions relating to the

14         annual supplemental corporate fee imposed on

15         each business entity authorized to transact

16         business in this state; amending s. 257.05,

17         F.S.; requiring that each state official,

18         agency, board, and court provide to the

19         Division of Library and Information Services of

20         the Department of State an annual list of

21         public documents issued by the official,

22         agency, board, or court; amending s. 283.31,

23         F.S.; defining the term "publication" for

24         purposes of a requirement that an executive

25         agency maintain records of certain publication

26         costs; amending s. 283.55, F.S.; revising the

27         form used by each state agency for the purpose

28         of purging publication mailing lists; providing

29         an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         Section 1.  Paragraph (a) of subsection (1) of section

 2  265.285, Florida Statutes, is amended to read:

 3         265.285  Florida Arts Council; membership, duties.--

 4         (1)(a)  The Florida Arts Council is created in the

 5  department as an advisory body, as defined in s. 20.03(7), to

 6  consist of 15 members. Seven members shall be appointed by the

 7  Governor, four members shall be appointed by the President of

 8  the Senate, and four members shall be appointed by the Speaker

 9  of the House of Representatives. The appointments, to be made

10  in consultation with the Secretary of State, shall recognize

11  the need for geographical representation. Council members

12  appointed by the Governor shall be appointed for 4-year terms

13  beginning on January 1 of the year of appointment. Council

14  members appointed by the President of the Senate and the

15  Speaker of the House of Representatives shall be appointed for

16  2-year terms beginning on January 1 of the year of

17  appointment. Council members serving on July 1, 2002, may

18  serve the remainder of their respective terms. New

19  appointments to the council shall not be made until the

20  retirement, resignation, removal, or expiration of the terms

21  of the initial members results in fewer than 15 members

22  remaining. As vacancies occur, the first appointment to the

23  council shall be made by the Governor. The President of the

24  Senate, the Speaker of the House of Representatives, and the

25  Governor, respectively, shall then alternate appointments

26  until the council is composed as required herein. A No member

27  of the council who serves two 4-year terms or two 2-year terms

28  is not will be eligible for reappointment for 1 year during a

29  1-year period following the expiration of the member's second

30  term. A member whose term has expired shall continue to serve

31  on the council until such time as a replacement is appointed.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1  Any vacancy on the council shall be filled for the remainder

 2  of the unexpired term in the same manner as for the original

 3  appointment. Members should have a substantial history of

 4  community service in the performing or visual arts, which

 5  includes, but is not limited to, theatre, dance, folk arts,

 6  music, architecture, photography, and literature. In addition,

 7  it is desirable that members have successfully served on

 8  boards of cultural institutions such as museums and performing

 9  arts centers or are recognized as patrons of the arts.

10         Section 2.  Subsections (4) and (5) of section 265.606,

11  Florida Statutes, are amended, present subsections (6) and (7)

12  of that section are redesignated as subsections (8) and (9),

13  respectively, and new subsections (6) and (7) are added to

14  that section, to read:

15         265.606  Cultural Endowment Program; administration;

16  qualifying criteria; matching fund program levels;

17  distribution.--

18         (4)  Once the secretary has determined that the

19  sponsoring organization has complied with the criteria imposed

20  by this section, he or she may authorize the transfer of the

21  appropriate state matching funds to the organization. However,

22  the secretary shall ensure that the local group has made

23  prudent arrangements for the trusteeship of the entire

24  endowment, and such trusteeship is hereby created. The

25  sponsoring organization may then expend moneys in the

26  endowment program fund, subject to the following requirements:

27         (a)  The organization may expend funds only for

28  operating costs incurred while engaged in programs directly

29  related to cultural activities.

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         (b)  The organization shall annually submit a report to

 2  the division, in such form as the division specifies,

 3  explaining how endowment program funds were utilized.

 4         (c)  Any contract administered under this section shall

 5  require the local sponsoring organization to submit to the

 6  division an annual postaudit of its financial accounts

 7  conducted by an independent certified public accountant.

 8         (5)  The $240,000 state matching fund endowment for

 9  each individual endowment shall be returned to the state,

10  shall be deposited into revert to the Florida Fine Arts Trust

11  Fund, and shall be awarded to the first organization on the

12  Cultural Endowment Program priority list pursuant to

13  subsection (9) that has not previously received a cultural

14  endowment in the most current fiscal year funding cycle

15  General Revenue Fund if any of the following events occurs:

16         (a)  The recipient sponsoring organization is no longer

17  able to manage an endowment ceases operations.

18         (b)  The recipient sponsoring organization files for

19  protection under federal bankruptcy provisions.

20         (c)  The recipient sponsoring organization willfully

21  expends a portion of the endowment principal of any individual

22  endowment.

23         (6)  In the event an endowment is returned to the state

24  under subsection (5), authority to disburse funds shall be

25  subject to the notice and review procedures set forth in s.

26  216.177.

27         (7)  If there is no other qualified organization on the

28  Cultural Endowment Program priority list, returned funds shall

29  revert to the General Revenue Fund at the end of the fiscal

30  year.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         Section 3.  Paragraph (d) of subsection (5) and

 2  paragraph (c) of subsection (7) of section 267.174, Florida

 3  Statutes, are amended to read:

 4         267.174  Discovery of Florida Quincentennial

 5  Commemoration Commission.--

 6         (5)  OFFICERS; BYLAWS; MEETINGS.--

 7         (d)  The initial meeting of the commission shall be

 8  held no later than July 31, 2008 January 31, 2007. Subsequent

 9  meetings shall be held upon the call of the chair or vice

10  chair acting in the absence of the chair, and in accordance

11  with the commission's bylaws.

12         (7)  DUTIES; MASTER PLAN.--

13         (c)  The commission shall establish a timetable and

14  budget for completion for all parts of the master plan which

15  shall be made a part of the plan. An initial draft of the plan

16  shall be completed and submitted to the Governor, the

17  President of the Senate, the Speaker of the House of

18  Representatives, and the Secretary of State by May 2009

19  January 2008 with the completed master plan submitted to such

20  officials by May 2010 January 2009.

21         Section 4.  Section 272.129, Florida Statutes, is

22  amended to read:

23         272.129  Florida Historic Capitol; space allocation;

24  maintenance, repair, and security.--

25         (1)  The Legislature Department of State shall ensure

26  assure that all space in the Florida Historic Capitol is

27  restored in a manner consistent with the 1902 form and made

28  available for allocation. Notwithstanding the provisions of

29  ss. 255.249 and 272.04 that relate to space allocation in

30  state-owned buildings, the President of the Senate and the

31  Speaker of the House of Representatives shall have

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1  responsibility and authority for the allocation of all space

 2  in the restored Florida Historic Capitol, provided:

 3         (a)  The rotunda, corridors, Senate chamber, House of

 4  Representatives chamber, and Supreme Court chamber shall not

 5  be used as office space.

 6         (b)  The Legislature Department of State shall be

 7  allocated sufficient space for program and administrative

 8  functions relating to the preservation, museum, and cultural

 9  programs of the Legislature department.

10         (2)  The Florida Historic Capitol shall be maintained

11  in accordance with good historic preservation practices as

12  specified in the National Park Service Preservation Briefs and

13  the Secretary of the Interior's Standards for Rehabilitation

14  and Guidelines for Rehabilitating Historic Buildings.

15         (3)(2)  Custodial and preventive maintenance and,

16  repair, and security of the entire Historic Capitol and the

17  grounds located adjacent thereto shall be the responsibility

18  of the Department of Management Services, subject to the

19  special requirements of the building as determined by the

20  Capitol Curator.

21         Section 5.  Section 272.135, Florida Statutes, is

22  amended to read:

23         272.135  Florida Historic Capitol Curator.--

24         (1)  The position of Capitol Curator is created within

25  the Legislature Department of State, which shall establish the

26  qualifications for the position. The curator shall be

27  appointed by and serve at the pleasure of the President of the

28  Senate and the Speaker of the House of Representatives

29  Secretary of State.

30         (2)  The Capitol Curator shall:

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         (a)  Promote and encourage throughout the state

 2  knowledge and appreciation of the Florida Historic Capitol.

 3         (b)  Collect, research, exhibit, interpret, preserve,

 4  and protect the history, artifacts, objects, furnishings, and

 5  other materials related to the Florida Historic Capitol,

 6  except for archaeological research and resources.

 7         (c)  Develop, direct, supervise, and maintain the

 8  interior design and furnishings of all space within the

 9  Florida Historic Capitol in a manner consistent with the

10  restoration of the Florida Historic Capitol in its 1902 form.

11         (3)  The Department of State shall promulgate rules to

12  implement this section.

13         Section 6.  Subsections (1) and (2) of section 607.193,

14  Florida Statutes, are amended to read:

15         607.193  Supplemental corporate fee.--

16         (1)  In addition to any other taxes imposed by law, an

17  annual supplemental corporate fee of $88.75 is imposed on each

18  business entity that is authorized to transact business in

19  this state and is required to file an annual report with the

20  Department of State under s. 607.1622, s. 608.452, or s.

21  620.1210 620.177.

22         (2)(a)  The business entity shall remit the

23  supplemental corporate fee to the Department of State at the

24  time it files the annual report required by s. 607.1622, s.

25  608.452, or s. 620.1210 620.177.

26         (b)  In addition to the fees levied under ss. 607.0122,

27  608.452, and 620.1109 620.182 and the supplemental corporate

28  fee, a late charge of $400 shall be imposed if the

29  supplemental corporate fee is remitted after May 1 except in

30  circumstances in which a business entity did not receive the

31  uniform business report prescribed by the department.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         Section 7.  Subsection (2) of section 257.05, Florida

 2  Statutes, is amended to read:

 3         257.05  Public documents; delivery to, and distribution

 4  by, division.--

 5         (2)(a)  Each state official, state department, state

 6  board, state court, or state agency issuing public documents

 7  shall furnish the Division of Library and Information Services

 8  of the Department of State 35 copies of each of those public

 9  documents, as issued, for deposit in and distribution by the

10  division. However, if the division so requests, as many as 15

11  additional copies of each public document shall be supplied to

12  it.

13         (b)  If any state official, state department, state

14  board, state court, or state agency has fewer than 40 copies

15  of any public document, it shall supply the division with 2

16  copies of each such public document for deposit in the State

17  Library.

18         (c)  By December 31 of each year, any state official,

19  state department, state board, state court, or state agency

20  issuing public documents shall furnish to the division a list

21  of all public documents, including each publication that is on

22  the agency's website, issued by the official, department,

23  board, court, or agency during that calendar year.

24         (d)(c)  As issued, daily journals and bound journals of

25  each house of the Legislature; slip laws and bound session

26  laws, both general and special; and Florida Statutes and

27  supplements thereto shall be furnished to the division by the

28  state official, department, or agency having charge of their

29  distribution.  The number of copies furnished shall be

30  determined by requests of the division, which number in no

31  case may exceed 35 copies of the particular publication.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         Section 8.  Section 283.31, Florida Statutes, is

 2  amended to read:

 3         283.31  Records of executive agency publications.--Each

 4  agency shall maintain a record of any publication, as defined

 5  in s. 257.05, the printing of which costs in excess of the

 6  threshold amount provided in s. 287.017 for CATEGORY THREE, at

 7  least part of which is paid for by state funds appropriated by

 8  the Legislature. Such record shall also contain the following:

 9  written justification of the need for such publication,

10  purpose of such publication, legislative or administrative

11  authority, sources of funding, frequency and number of issues,

12  and reasons for deciding to have the publication printed

13  in-house, by another agency or the Legislature, or purchased

14  on bid.  In addition, such record shall contain the

15  comparative costs of alternative printing methods when such

16  costs were a factor in deciding upon a method. The record of

17  the corporation operating the correctional industry printing

18  program shall include the cost of materials used, the cost of

19  labor, the cost of overhead, the amount of profit made by the

20  corporation for such printing, and whether the state agencies

21  that contract with the corporation for printing are prudently

22  determining the price paid for such printing.

23         Section 9.  Section 283.55, Florida Statutes, is

24  amended to read:

25         283.55  Purging of publication mailing lists.--

26         (1)  By March 1 of each odd-numbered year, every agency

27  shall survey the addresses on each of its publication mailing

28  lists by providing each addressee the following form, which

29  must also disclose whether the publication is available on the

30  agency's website:

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1         ...(Name of publication)...

 2  

 3         Please choose one of the following options:

 4         [] I would like to receive this publication in hard

 5  copy format.

 6         [] I would like to receive this publication in

 7  electronic format. My e-mail address is:__________.

 8         [] I do not wish to receive this publication.

 9         Do you wish to continue receiving this publication?

10  Yes.... No....

11         Should your response to this survey not be received by

12  April 30, your name will be automatically purged from our

13  mailing list.

14  

15  Those addressees who respond shall be maintained or removed

16  from such mailing list in accordance with the responses.

17  Those addressees not responding by April 30 of such

18  odd-numbered year shall be automatically purged from such

19  mailing list.  Agencies are prohibited from supplying

20  addressees with postpaid response forms.

21         (2)  The provisions of this section apply to any

22  agency, except a state university or an agency the mailing

23  list of which consists only of those persons registered with

24  or licensed by the agency and the registration or license fee

25  of which includes payment by the registrants or licensees as

26  subscribers for the publication of the agency.

27         Section 10.  This act shall take effect July 1, 2006.

28  

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 2384
    606-2438-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                       CS Senate Bill 2384

 3                                 

 4  The committee substitute for committee substitute for Senate
    Bill 2384, requires agencies to provide publication recipients
 5  with the option of receiving publications electronically in
    lieu of hard copies.  Additionally, agencies are required to
 6  submit an annual list of all published documents meeting the
    definition in s. 257.05, Florida Statutes, to the State
 7  Library. It also clarifies what types of documents are subject
    to the written justification requirement for publications with
 8  costs exceeding $50,000.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.