1 | A bill to be entitled |
2 | An act relating to the Department of State; amending s. |
3 | 15.09, F.S.; providing for deposit of certain |
4 | reinstatement fees, late fees, and penalties collected by |
5 | the Division of Corporations of the Department of State |
6 | into the Florida Fine Arts Trust Fund rather than the |
7 | General Revenue Fund; providing for disbursement of such |
8 | revenues to fund cultural and historical preservation |
9 | grants and programs; amending s. 265.606, F.S.; deleting a |
10 | requirement for local sponsoring organizations to submit |
11 | an annual postaudit to the Division of Cultural Affairs |
12 | under certain circumstances; providing for the reversion |
13 | of the state's matching share of cultural endowment to the |
14 | Florida Fine Arts Trust Fund rather than the General |
15 | Revenue Fund under certain circumstances; providing for |
16 | distribution of reverted funds; amending s. 267.174, F.S.; |
17 | changing the dates for the first meeting of the Discovery |
18 | of Florida Quincentennial Commemoration Commission, the |
19 | completion of the initial draft of a specified master |
20 | plan, and the submission of the completed master plan; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Subsection (4) of section 15.09, Florida |
26 | Statutes, is amended to read: |
27 | 15.09 Fees.-- |
28 | (4)(a) Except as provided in paragraph (b), all funds |
29 | collected by the Division of Corporations of the department |
30 | shall be deposited in the General Revenue Fund. |
31 | (b) All reinstatement fees, late fees, and penalties |
32 | collected pursuant to ss. 607.0122(13), 607.1422(1), |
33 | 607.1502(4), 607.193(2)(b), 608.502(4), 617.0122(13), |
34 | 617.1422(1), and 617.1623(1) shall be deposited in the Florida |
35 | Fine Arts Trust Fund and disbursed each fiscal year as follows: |
36 | 1. The sum of $2 million shall be transferred to the |
37 | Historical Resources Operating Trust Fund for the purpose of |
38 | funding historic preservation matching grants pursuant to s. |
39 | 267.0617. |
40 | 2. The sum of $1.75 million shall be transferred to the |
41 | Historical Resources Operating Trust Fund for the purpose of |
42 | funding historical museum grants pursuant to s. 267.0619. |
43 | 3. The sum of $14.3 million shall be used for the purpose |
44 | of funding cultural grants as provided in ss. 265.286, 265.2861, |
45 | 265.608, and 265.609. |
46 | 4. Any remaining proceeds shall be used for the purpose of |
47 | providing state matching funds for the Cultural Endowment |
48 | Program as provided in s. 265.606. |
49 |
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50 | If proceeds fall below the amounts required to be disbursed in |
51 | subparagraphs 1. through 3., the spending authority provided in |
52 | this paragraph for the Florida Fine Arts Trust Fund and the |
53 | Historical Resources Operating Trust Fund shall be reduced |
54 | proportionally. |
55 | Section 2. Subsections (4) and (5) of section 265.606, |
56 | Florida Statutes, are amended to read: |
57 | 265.606 Cultural Endowment Program; administration; |
58 | qualifying criteria; matching fund program levels; |
59 | distribution.-- |
60 | (4) Once the secretary has determined that the sponsoring |
61 | organization has complied with the criteria imposed by this |
62 | section, he or she may authorize the transfer of the appropriate |
63 | state matching funds to the organization. However, the secretary |
64 | shall ensure that the local group has made prudent arrangements |
65 | for the trusteeship of the entire endowment, and such |
66 | trusteeship is hereby created. The sponsoring organization may |
67 | then expend moneys in the endowment program fund, subject to the |
68 | following requirements: |
69 | (a) The organization may expend funds only for operating |
70 | costs incurred while engaged in programs directly related to |
71 | cultural activities. |
72 | (b) The organization shall annually submit a report to the |
73 | division, in such form as the division specifies, explaining how |
74 | endowment program funds were utilized. |
75 | (c) Any contract administered under this section shall |
76 | require the local sponsoring organization to submit to the |
77 | division an annual postaudit of its financial accounts conducted |
78 | by an independent certified public accountant. |
79 | (5) The $240,000 state matching fund endowment for each |
80 | individual endowment shall revert to the Florida Fine Arts Trust |
81 | Fund and shall be awarded to the first organization on the |
82 | Cultural Endowment Program priority list pursuant to subsection |
83 | (7), that has not previously received a cultural endowment in |
84 | the most current fiscal year funding cycle, General Revenue Fund |
85 | if any of the following events occurs: |
86 | (a) The recipient sponsoring organization is no longer |
87 | able to manage an endowment ceases operations. |
88 | (b) The recipient sponsoring organization files for |
89 | protection under federal bankruptcy provisions. |
90 | (c) The recipient sponsoring organization willfully |
91 | expends a portion of the endowment principal of any individual |
92 | endowment. |
93 | Section 3. Paragraph (d) of subsection (5) and paragraph |
94 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
95 | amended to read: |
96 | 267.174 Discovery of Florida Quincentennial Commemoration |
97 | Commission.-- |
98 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
99 | (d) The initial meeting of the commission shall be held no |
100 | later than July 31, 2008 January 31, 2007. Subsequent meetings |
101 | shall be held upon the call of the chair or vice chair acting in |
102 | the absence of the chair, and in accordance with the |
103 | commission's bylaws. |
104 | (7) DUTIES; MASTER PLAN.-- |
105 | (c) The commission shall establish a timetable and budget |
106 | for completion for all parts of the master plan which shall be |
107 | made a part of the plan. An initial draft of the plan shall be |
108 | completed and submitted to the Governor, the President of the |
109 | Senate, the Speaker of the House of Representatives, and the |
110 | Secretary of State by May 2009 January 2008 with the completed |
111 | master plan submitted to such officials by May 2010 January |
112 | 2009. |
113 | Section 4. This act shall take effect July 1, 2006. |