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12 references to repealed sections of the Florida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.